SVC warrants that all SVC products sold shall be free from defects in materials and workmanship for a period of twelve (12) months from the date of delivery. The aforesaid twelve (12)-month warranty period shall not be extended or modified by reason of any replacement, addition, attachment, accessory or repair provided by SVC after the date of delivery or acceptance. The aforesaid warranty shall constitute the sole and exclusive warranty of SVC in respect of the products.
Other Warranty Disclaimers: Except for the aforesaid warranty, SVC makes no express or implied warranty, representation or commitment whatsoever with respect to the products. SVC expressly disclaims all express, implied or statutory warranties other than those expressly set forth herein. Without limiting the generality of the foregoing, SVC expressly disclaims all implied warranties of merchantability, fitness for a particular purpose, non-infringement, or any other factual or quality warranties not expressly stipulated herein.
Limitation of Liability and Remedies: The liability of SVC arising from the sale and/or use of the products, as well as the sole remedy available to the Buyer against SVC under any warranty, shall be limited to the repair or replacement of non-conforming product components at SVC’s sole discretion. In no event shall the aggregate total liability of SVC exceed the actual amount paid by the Buyer to SVC for the products. The parties intend that this limitation of remedies shall remain enforceable even if such remedy is deemed to have failed of its essential purpose. The full and complete performance by the Buyer of all its obligations under this Agreement shall be a prerequisite to SVC’s warranty obligations and liabilities.
Buyer’s Damages and Limitations: In no event shall SVC be liable to the Buyer, its successors in title or agents for any economic loss, incidental damages or consequential damages arising directly or indirectly from the use of the products, whether arising in contract or tort, including without limitation loss of profits, shutdown, production interruption, failure to fulfill the Buyer’s sales contracts, or damages arising from defects in the Buyer’s materials or workmanship caused directly or indirectly by the use of the products.